IPC 23 in BNS: Find the New Section and What Changed

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	23	2(36), 2(37) and 2(38)
Offence	“Wrongful gain”	Same
Punishment	None. Section 23 IPC creates no offence.	None. Sections 2(36), 2(37) and 2(38) BNS create no offence.
Fine	None.	Same
Bail	Non-Bailable	Same
Cognizance	Non-Cognizable	Same
Compoundable	Non-Compoundable	Same

IPC 23 and BNS 2(36), 2(37) and 2(38): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 23, IPC 1860

23. “Wrongful gain”.—“Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled. “Wrongful loss”.—“Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled. Gaining wrongfully/Losing wrongfully.—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.

BNS 2023 (in force)

Section 2(36), 2(37) and 2(38), BNS 2023

(36) “wrongful gain” means gain by unlawful means of property to which the person gaining is not legally entitled; (37) “wrongful loss” means the loss by unlawful means of property to which the person losing it is legally entitled; (38) “gaining wrongfully” and “losing wrongfully”.—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property;

Ingredients: IPC 23 vs BNS 2(36), 2(37) and 2(38)

Under IPC 23

Gain or loss of property by unlawful means
For wrongful gain, the person gaining is not legally entitled to the property
For wrongful loss, the person losing it is legally entitled to the property
Gaining wrongfully covers retaining wrongfully as well as acquiring wrongfully
Losing wrongfully covers being wrongfully kept out of property as well as being wrongfully deprived of it

Under BNS 2(36), 2(37) and 2(38)

Same ingredients apply

What IPC 23 to BNS 2(36), 2(37) and 2(38) Means for Pending Cases

For Section 23 IPC (now Section 2(36), 2(37) and 2(38) BNS): any reference to the IPC definition as a whole now needs all three BNS clauses. The test is unchanged, so dishonestly under Section 2(7) BNS rests on the same meaning of wrongful gain and wrongful loss as Section 24 IPC did.

FAQs: IPC 23 to BNS 2(36), 2(37) and 2(38)

Where are wrongful gain and wrongful loss defined in the BNS, in place of Section 23 IPC?▼

In three clauses. Section 2(36) BNS defines wrongful gain, Section 2(37) BNS wrongful loss, and Section 2(38) BNS gaining wrongfully and losing wrongfully.

Did the meaning change when Section 23 IPC became Sections 2(36), 2(37) and 2(38) BNS?▼

No. Apart from means in place of is, the words of each definition are the same as in Section 23 IPC.

Does Section 23 IPC or Sections 2(36), 2(37) and 2(38) BNS apply to an act done before 1 July 2024?▼

Section 23 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 23 IPC. Sections 2(36), 2(37) and 2(38) BNS governs acts done on or after 1 July 2024.

IPC 23 to BNS 2(36), 2(37) and 2(38): “Wrongful gain”

IPC 23 to BNS 2(36), 2(37) and 2(38) at a Glance

What Changed From IPC 23 to BNS 2(36), 2(37) and 2(38)?

IPC 23 vs BNS 2(36), 2(37) and 2(38): Comparison Table

IPC 23 and BNS 2(36), 2(37) and 2(38): Bare Act Text Side by Side

Ingredients: IPC 23 vs BNS 2(36), 2(37) and 2(38)

What IPC 23 to BNS 2(36), 2(37) and 2(38) Means for Pending Cases

FAQs: IPC 23 to BNS 2(36), 2(37) and 2(38)